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Terms and Conditions



Terms and Conditions
Terms and Conditions - Please read carefully:

          PinoyTiangge.com, (herein after referred as “PinoyTiangge” or “Pinoy Tiangge”) including subsidiaries and affiliates provide you, its Services (herein after referred as "Website") under the following conditions.
          Please read the following terms carefully. If you do not agree to the following Terms & Conditions you may not enter or use this Website. If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs PinoyTiangge and its use by you in relation to this Website.

I. In General 

          The following General Terms of Service ("Terms") shall apply exclusively to the business relationship between ICircle Corp., a duly registered business in the Republic of the Philippines with TIN: 008-014-872-000, its internet platform http://www.pinoytiangge.com ("the Website") and our users. By using the Website, the user accepts the following General Terms and Conditions, as well as the manner in which the Website operate as described on the Website. 

          PinoyTiangge has the right to revise and amend these General Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting PinoyTiangge's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in PinoyTiangge's system capabilities.

All users will be subject to the policies and terms and conditions in force at the time that they have registered in the website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or PinoyTiangge notifies its users of the changes to such policies or General Terms before PinoyTiangge sends information relating to delivery.

          This Agreement and any operating rules for the Website established by PinoyTiangge constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

II. Information on the Website

          While every effort is made to update the information contained on this Website, neither PinoyTiangge nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any pricing information, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the Website. PinoyTiangge reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this Website at your own risk. If you find an error or omission at this site, please let us know.

III. Trademarks

          You may not use any PinoyTiangge logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission. In addition, you may not use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating PinoyTiangge's name or trademarks without our express written consent.

IV. Site Access

a. PinoyTiangge is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the Website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by PinoyTiangge. PinoyTiangge reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –

a1.    Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

a2.    Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information or libelous content about PinoyTiangge;

a3.    Post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of PinoyTiangge and/or a third party computer system and/or network;

a4.    Violate any copyright, trade mark, other applicable Philippines or international laws or intellectual property rights of PinoyTiangge or any other third party;

a5.    Submit content containing marketing or promotional material which is intended to solicit business.

b.    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," “auto-clicker,” etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a conventional on-line web browser.

c.     You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; and/or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services.

d.    You agree that you will not attempt to fraud the site in any way, including but not limited to falsely claiming any items that you did not win.

e.    You agree not to develop or use any third party software that automates any part of the PinoyTiangge's signup process including but not limited to form filling and button clicking.

f.      You agree that your access may be blocked or limited if you access PinoyTiangge through a VPN connection or through a proxy and/or you purposely mask your IP address.

g.      You agree that marking any email from PinoyTiangge as spam may result in automatic account suspension.

h.     You agree that you will not make any fraudulent payments, including but not limited to stolen credit cards and other unauthorized payment methods.

i.   You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any PinoyTiangge page.

j.    You agree not to write any content that can be categorized as spam on any PinoyTiangge page on any of its web site

k.    You agree that you will not advertise the sale of discounted Bid Points on PinoyTiangge.com, Facebook.com/pinoytiangge, or any of PinoyTiangge's other web properties if not an Official Distributor/Dealer of Pinoy Tiangge.

l.    You agree not to post any false, inaccurate, misleading, defamatory, or libelous content about PinoyTiangge.

m.     You agree not to attempt uploading any computer virus to the Website.

n.     You agree not to post to our site and not to e-mail PinoyTiangge or its users and unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

o.      You agree not to upload or post any pornographic content, stories, or links to the Website.

p.    You agree not to attempt any harvesting of user information including e-mail addresses or facebook profile information.

q.     You agree not to sell or transfer or use your account to any other person.

r. Any special promotions run by PinoyTiangge shall only be valid if they are announced on the Website or in its corresponding email newsletter or in our Facebook Official Fan Page: http://www.facebook.com/pinoytiangge, and only for the limited time announced. 

s.    Any unauthorized use may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by PinoyTiangge.

V. Eligibility and Your Account
          a. The use of this Website is open to all provided that you are at least 18 years of age and able to enter into binding contracts. By signing up in the website, the user declares that they are legally capable of entering into a binding contract. Employees of PinoyTiangge and their immediate families are not eligible to participate in the Website under any circumstance.
          b. Each user may register only once. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc.

         c. Registration using Post Office (P.O.) Boxes or its equivalent is not permitted. Additionally, PinoyTiangge will allow up to 2 accounts in a single household as long as the number of accounts corresponds to the same number of individual persons who actually registered. PinoyTiangge reserves the right to investigate and suspend multiple accounts found to belong to only one person and will also suspend any accounts of people who know each other and bid on the same auction. Furthermore, PinoyTiangge does not allow any registrant to join future auctions if the said registrant has a co-household whose user account is already suspended/banned.
          d. During the registration process, the user must choose a username. The username should be appropriate. It must not be offensive, deceptive or misleading, obscene or otherwise offend common decency, or infringe the intellectual property rights of third parties. If PinoyTiangge receives credible information that a username is illegal or in breach of any of these Terms, PinoyTiangge can replace said username without prior notice. 

          e. During the registration process, the user must also choose a corresponding user password, which is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. 

           f. When creating your Account, you agree to only provide accurate, current and complete information as may be prompted by any registration forms on the Site.

          g. You may not sell, license, or let other users use or otherwise transfer your Account.

          h. You are responsible for keeping your user account password confidential. Pinoy Tiangge will never ask for your password except during login. You should never provide your password to anyone, including but not limited to your housemates/households, relatives or friends. User accounts are non-transferable. Only You may use your account. You agree to be liable for all offensive or unlawful activities that are undertaken using your user account.

          i. You may refer friends to Pinoy Tiangge using the referral form link: http://ibid.pinoytiangge.com/affiliate.php or by giving your Affliate Code during registration of your friends. Pinoy Tiangge offers free bids to any user who refers new users who purchase Bid Bundle. Pinoy Tiangge reserves the right to review each referral for possible fraud. You may not refer family members or persons located in your household. Any abuse of the referral system may result in the deduction of fraudulent bids awarded and/or the termination of your account in Pinoy Tiangge’s sole discretion. 
         
          j. Unless the user can demonstratively prove the absence of any fault on their part, the user shall be liable for all activities that are undertaken using the user account together with the associated password. 

          k. PinoyTiangge reserves the right to cancel an account, refuse registration, refuse service, terminate accounts, cancel orders or disqualify you for any reason or for no reason at its sole discretion.

         l. Pinoy Tiangge may at any time terminate your Account, for any reason or no reason, with or without notice.

          m. In addition to the Terms and Conditions herein, the Website Provider shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the followings: 

i.      Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website Provider;

ii.     Interference by computer virus, corrupted data, malfunctions;

iii.    Any failure or delay attributable to the Website by its service provider;

iv.    Failure or delay due to causes beyond the control of the  Website Provider including causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;

v.     Any inaccuracies, errors, defects of any content of this Website or other website linked to this Website;

vi.    Any operation malfunctions or defects of the Customer's computer terminal, systems or software used in accessing the Website;

vii.   Any access, use or inability to access or use this Website and/or any other website linked to this Website.

       m. Disqualification. In the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, which is in breach of these Terms or to the detriment of PinoyTiangge or third parties, PinoyTiangge shall have the right, at its sole discretion, to temporarily or permanently disqualify the user, disable its account and, if appropriate, report the commission of a crime. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software, creation of multiple user accounts by the same individual, or joining a group for teamplay or foul play.

          PinoyTiangge reserves the right to suspend the user's account, and shall inform the user of the former's intended action, and such notice shall include the ground for the same. The user shall, within three (3) days from receipt of the notice, show cause why the appropriate and intended action should not be taken against him/her/it. The user's failure to show cause within the allowed period shall be sufficient ground for PinoyTiangge to proceed with its intended action against the user. 



          In the event of a breach of these Terms, PinoyTiangge reserves the right, amongst other remedies, to withhold deliveries. Furthermore, PinoyTiangge reserves the right, at its sole discretion, to limit the number of auctions a user may participate in or the number of their successfully finished auctions. Without limitation, it shall be a breach of these Terms if a user provides any information that is false, inaccurate or misleading or if the user engages in any unlawful activity in connection with the Website, or if the user creates or attempts to create interference with the proper working of the Website.


VI. General Bidding Rules

          The bidding process in PinoyTiangge is a standardized form of negotiation, whereby, the placing of bids is considered as an offer to purchase goods or service. The actual sale is consummated or perfected with the person having the highest offer being the final contracting party.

          Any bidding advice or other written advice (for instance, 'Help Topics' articles) posted on the Website are provided solely as suggestions and are not intended to be relied upon. PinoyTiangge is not responsible for any actions taken due to a user or other person having read or been told about such advice. 

          All users are advised to monitor their bidding practices. Placing bids on the Website frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and ensure that they bid within their budget. For more advice about how to use PinoyTiangge responsibly, please see (NA)

a.   While up to 2 members in the same household are permitted to have separate accounts, they are not permitted to bid on the same auctions. Evidence of this activity will be deemed collusion and will result in all offending accounts being closed permanently.

b.   If any payment by a User for Bid Points or Products or Bid Bundle is returned or dishonoured, the User will be charged a fee equal to P2000 per transaction, which is a fair approximation of PinoyTiangges' costs and expenses of such return. Without limitation to any other rights or remedies, PinoyTiangge reserves the right to disable such User's Account until all obligations are paid in full.

c.   Bids placed & items won in violation of our Terms & Conditions will be forfeited.

d.   Purchasing Bids / Bonus Bids Points

  1. Rights to bid in an auction ("bids") must be paid for by users prior to online bidding. Bids can be purchased in packages ("Bid Points") at the prices in force at the time of purchase. Purchased bids do not expire, are non-transferrable, and are not refundable unless otherwise specified by PinoyTiangge. Details can be found at the Website. Payment for bids can be made via payment agents such as PayPal, DragonPay and CashSense. 
  2. If the registered user who purchased Bid Packages wishes to apply for refund for reasonable cause or found our services not suitable for the user, the request can be granted provided that the purchased was made 7 days prior to request through email. All remaining Bid Points will be refunded on its equivalent monetary value the day the Bid Packages was purchased. Details of refund will be sent through email. The refund policy is made to protect consumer's right inside Pinoy Tiangge.
  3. Selling or reselling of PinoyTiangge bid points is not permitted without the written approval from PinoyTiangge or one of its authorized agents.
  4. Selling or reselling PinoyTiangge bid points at discount by other users who are not Official Distributor or Dealer of PinoyTiangge is strictly not permitted.

VII.   How to Place a Bid: 

          Users can place bids by physically clicking on the bid buttons. Once a bid is placed, it is deducted from the user's bid account. If more than one bid is required for each button press, this will be clearly marked on the bid button.
          The user is prohibited from using bidding software not authorized by PinoyTiangge. Doing so will constitute a Breach subjecting the user to immediate disqualification.

VIII. How an Auction Works: 

          With each bid placed the price of the item on which the user is bidding increases by the amount designated on the Website by PinoyTiangge. A bid submitted by the user conveys the willingness of the user to enter into a binding contract with PinoyTiangge for the item offered at the price of that bid. In the event that bid is the last bid made at the end of an auction, the bid constitutes a binding contract with PinoyTiangge to purchase the item of the auction at the final bid price and under the conditions set out in the pages which provide the details for each specific auction. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in the next section. 

          Each item for auction has a “countdown timer” which indicates the time remaining in the auction. As auctions approach their end, each new bid placed resets the "countdown timer" at the interval specified for that item on the “reset timer”. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other bids on the item expire and, as indicated, are non-refundable. The last bidder is determined according to the records in PinoyTiangge's database. PinoyTiangge's determination of the last bidder shall be final (save in the case of manifest error). 

          Bidding on auctions is influenced by the different limits and determined by the administrators during the auction.

          PinoyTiangge reserves the right to introduce special auctions such as, but not limited to, limiting the number of auctions won during a specific period. Furthermore, PinoyTiangge reserves the right to change parameters of the auction at any time including but not limited to win limitations, bid increments, auction timer, and the required “bids per bid”.

          PinoyTiangge reserves the right to reject any attempt of bidding based on (but not limited to) previous auctions won, number of auctions won in last 48 hours or fraud investigation. The user agrees to acquire the right to purchase in PinoyTiangge a maximum of 5 items (including bid points) per 10-day period.

          PinoyTiangge reserves the right to discontinue special auctions as outlined above, or any other special auctions it may choose to institute, at its discretion.

IX. Acceptance of the Win, Payment and Delivery

          After an auction has ended, the last bidder (the "winner") must begin the process to claim their item. The winner can do this by clicking the claim button for that auction item or by going to My Wins in the My Account section of the website and clicking the Won! Claim Item! link. After clicking the claim button, the winner must select a payment provider and pay the total price for the win by following the steps indicated on the following pages the winner is directed to. After confirming the win and paying the amount due using the selected payment provider, the winner will receive a confirmation e-mail from PinoyTiangge. Subsequently the item will be delivered to the winner (subject to the remedies for breach of a Term set out in this Agreement.) 

          If an auction win has not been confirmed by the winner and paid within seventy-two (72) hours of the auction end time, PinoyTiangge reserves the right to withdraw the offer to conclude a contract. If PinoyTiangge withdraws the offer, the winner's right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable. 

          Should bids that have already been purchased and used by a user not have been fully paid for, payments subsequently received from this user shall be treated as payment toward the bids not yet fully paid for. PinoyTiangge reserves the right to retain the item purchased at auction until all bids and the total price have been paid for in full. PinoyTiangge reserves the right to charge the winner reasonable storage charges for items not paid for. 
          Once payment has been successfully made, PinoyTiangge reserves the right to ask for submission of a valid identification for proof of identity purposes.
          If PinoyTiangge suspects that the user won under false pretenses including but not limited to playing under someone else's name, PinoyTiangge can refuse delivery of the item without any refund of payments made or bids used.
         Pinoy Tiangge solely reserves the right to re-auction the item, to unpublish the auction and the winner, and other related details in case of unexpected circumstances such as but not limited to server and system failure and other system related issues. All auctions under this incident will automatically be marked as void and Pinoy Tiangge is responsible to refund all the bids used to those who participated in the said auction.
           
           Publicity. PinoyTiangge reserves the right to publish the name, region address and photograph of the winners. This rule is one of the conditions of participating on the Website, which allows PinoyTiangge to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue.

        As a winner of a major auction, users may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding his/her/its win. The following rules apply to the photo session: 

1. The face must be uncovered.

2. PinoyTiangge might require photo ID to confirm the winner's usual appearance. If a winner refuses to comply with these rules, PinoyTiangge reserves the right to suspend delivery of the prize.

          The information gathered may be used to write a press release sent to the media and may also appear in one of PinoyTiangge's commercials, including but not limited to, television and radio, as well as on the Website.

         Delivery of the item is also subject to the absence of fraud. Any form of cheating or unfair practice including but not limited to team play, account that is under household of suspended account/s, credit card fraud, chargeback, playing under a false identity, using multiple accounts or using other user’s account will result in forfeiture of the win. Furthermore, Pinoy Tiangge reserves the right to delay shipment of any items pending investigation of suspected foul play.

X. Cancellations

          PinoyTiangge grants winners the right to cancel a purchase for a full refund of the auction end price, less restocking fees, even if the goods are not defective in any way, subject to the limitations provided in these Terms. This cancellation right terminates at 5 pm on the day, which is fourteen days after the day on which a winner receives the goods or a notification that the goods are ready for collection. Day one of this fourteen day period is the day following such receipt or notification.

          The right to cancel does not apply in the event the item consists of audio or video recordings or computer software whose packaging has been unsealed after delivery or collection. These items are not eligible for return or refund. Sets or boxes can only be returned in their entirety. If a winner wishes to cancel the contract within the fourteen day period, they must inform PinoyTiangge in writing (by letter or email). The winner must retain proof that the writing was transmitted within such 14 days. Cancellations by phone will not be accepted.

XI. Indemnity

          The Users agree to fully indemnify PinoyTiangge against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by PinoyTiangge in respect of the User's unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the User's obligations under the Terms and Conditions as provided herein.
          The User agrees to indemnify and hold PinoyTiangge, its members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of PinoyTiangge or any of its services in violation of these Terms and Condition, arising from your breach of these Terms and Condition, arising from your violation of applicable law or court order, and arising from your negligence.

XII. Collusion/Team Play

          Any kind of collusion or team play is strictly forbidden on PinoyTiangge. By definition, this includes, but is not limited to, two or more members working together as a team, or creating the impression that there are more people involved and competing to win an auction than there actually are. PinoyTiangge does not allow two members that know each other to participate in the same auction. Two members participating in the auction are by definition engaging in team play, and automatically lose their right to win, purchase, or receive any of their bids back for auctions in which they engaged in team play.

          Team play also includes the participation in any societies, groups, forums, or venues (public or private, online or offline, hidden or open) in which users discuss unfair play on PinoyTiangge including but not limited to collaboration techniques, offering win assistance, calling items, and any other technique associated with unfair play.

          PinoyTiangge reserves the right to disqualify in its absolute discretion any users they suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or bids will be returned.
      PinoyTiangge also reserves the right to immediately suspend any accounts which it suspects were involved in team play.


XIII. Termination

          Any kind of intimidation play is strictly forbidden inside Pinoy Tiangge. This includes but not limmited to comments whether true or false about having an excessive number of bids to psych or threaten other players. Other forbidden tactics include harassing other users through name-calling, threats, and other unsportsmanlike behaviour. Any form of evidence whether online or offline that support this violation will be automatically suspended without prior notice.
          Pinoy Tiangge reserves the right to disqualify in its absolute discretion any users suspect to be intimidating others by voiding all their wins and freezing their accounts. No funds or bids will be returned.

XIV. Intimidation Play

          Notwithstanding any of these Terms, PinoyTiangge reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future your access to and use of the Website.

XV. Fraudulent Activities

          Any abuse of a user account or violation of these terms and conditions by a user will result in the disqualification of the user and may also result in criminal proceedings.

          We do not tolerate in any way inappropriate and fraudulent activity, and will seek criminal and contractual sanctions against any person involved in or suspected of involvement in fraud, dishonesty or criminal acts, or collusion or suspected collusion with other persons involved in fraud, dishonesty or criminal acts. This includes, but is not limited to, cheating, attempting to defraud us or other users of the Website, payment fraud, payment reversals, use of stolen credit cards, money laundering or other attempts to deposit funds obtained from ill-gotten means.

          We will withhold all payments to you where your involvement in any of the above acts or activities is suspected and we reserve the right to suspend or close your Account and bar you from further participation in the Website, whilst also reserve the right to withhold any items won and/or purchased.
          If we deem it appropriate we may share information regarding your fraud, dishonesty or criminal acts (including your personal data) with anyone we deem it necessary, including banks, payment gateway providers and credit card companies. We will also make such reports as are necessary to the authorities. Furthermore, you must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

XVI. Verification

          In order to maintain integrity of the site, PinoyTiangge reserves the right to ask for verification of age, identity, address, and phone number at any time. Be certain to include accurate information in your PinoyTiangge account profile. Failure to do so may lead to closed accounts or non-delivery of prizes.

XVII. Prosecution

          The User hereto agrees and acknowledges that all the covenants and agreements herein contained shall be deemed conditions and that if default or breach be made of any of such covenants and conditions, then PinoyTiangge reserves the right to prosecute the user, civilly or criminally and the errant user shall be liable for any and all damages, actual and consequential, resulting from such breach.
          Any mediation, litigation, case of disputes or any settlement of dispute should be exclusively done and settled in Metro Manila.
          Should PinoyTiangge be compelled to seek judicial relief against the errant user, the PinoyTiangge shall, in addition to the damages mentioned in the preceding paragraph, pay an amount equivalent to One Hundred Percent (100%) percent of the amount claimed in the complaint as attorney's fees (with minimum of P100,000.00) aside from the costs of litigation and other expenses which the law may entitle PinoyTiangge to recover from the User.